Legal Opinion

Byram v. United States

Court of Appeals for the Fifth Circuit

Decided May 31, 1983No. 81-1582PublishedCited by 50 opinions

1Opinion of the Court

GEE, Circuit Judge:

“If a client asks you in any but an extreme case whether, in your opinion, his sale will result in capital gain, your answer should probably be, T don’t know, and no one else in town can tell you.’ ”1

Sadly, the above wry comment on federal taxation of real estate transfers has, in the twenty-five years or so since it was penned, passed from the status of half-serious aside to that of hackneyed truism. Hackneyed or not, it is the primary attribute of truisms to be true, and this one is; in that field of the law — real property tenure — where the stability of rule and…

2Cases cited38 opinions

  1. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  2. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  3. Commissioner v. DubersteinSupreme Court of the United States · 1960
  4. United States v. Yellow Cab Co.Supreme Court of the United States · 1949
  5. Baumgartner v. United StatesSupreme Court of the United States · 1944

33 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. In the Matter of David A. DAVIDSON, Debtor. Nancy Y. DAVIDSON, Appellant, v. David A. DAVIDSON, AppelleeCourt of Appeals for the Fifth Circuit · 1991
  2. United States v. Vickie J. WylieCourt of Appeals for the Fifth Circuit · 1990
  3. Owensby & Kritikos, Inc. v. CommissionerCourt of Appeals for the Fifth Circuit · 1987
  4. Joseph J. Tallal, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1985
  5. In Re Grand Jury Proceedings Jean Auclair. Victor FeazellCourt of Appeals for the Fifth Circuit · 1992

45 more not listed; retrieve them via the Exa API.

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